Notices and circulars are widely used documents, and in most of their ministries and departments, you can find a large number of circulars and circulars and notices informing employees and all interested parties of rules, practices, or policy changes construct by the government or the highest authority.
In this article, we will discuss the key difference between notification and notification. But first, we are discussing that what actually is circular? And what is a notification? So, without further delay let’s start our topic.
The dissimilarity between circular and notification:
So before understanding the differences between both of them we have to know what actually that is.
What is circular?
A government circular is a statement in the written form of public policy. It often provides information on guidelines, rules, or grounds for Congressional or disciplinary matters. If there is anyone point missed in the circular then another circular may be issued to clarify a point that is left in the previous one. Otherwise, Congressional Medicines are ready to fix the situation. Any law or section of it must be interpreted in a similar way by the staff of the Department. It is like an administrative manual for dispelling doubts in fact, this circular was issued mainly by the mentor or head of the income tax department. Then often the apartments provide relaxation. The circular is only required for department staff and not for reviewers.
A Circular is an internal or inner note that clarifies certain points of the law.
Circular is based on law means if there are any mistakes, confusions and if something is missing in the law then a circular is issued by the circular departments. The purpose is that to clear all the points in the law so there is no confusion remain in the law
Created or issued by:
A Circular is issued by the government or authority whose work is to clarify all the mistaken points in the law.
Example: MCA General Circular No.05/2021 22 April 2021, Topic. Clarification of the spending of CSR funds for the creation of temporary hospitals and temporary COVID care centers.
Is this a legally binding circular?
The circular is not a directive, and it cannot be. This does not create legally enforceable rights or obligations as they cannot be imposed without due process of fairness. Therefore, there is no such thing as a contravention of a circular.
Can circular override law?
A circular issued by a public authority cannot take precedence over a decision or resolution by a superior court of competent jurisdiction. Such issued circulars and instructions would not exist if they contradicted the judgment of the Constitutional Court.
Format of a circular:
A circular is largely a letter containing a few vital statistics this is allotted to a massive range of people. For example, let’s say you need to invite an entire department to a meeting or update your clothes as part of corporate policy, a circular would be the best communication tool for these purposes.
Types of circular:
There are two types regards to this which are given below:
- Business circular containing information about the company.
- A non-profit circular that discloses personal or social information.
What is a notification?
Notification is less important than action and more binding than circular. Notification is required for everyone, be it a reviewer, court, or official. Notices are issued by the government as ordered by the legislature. The notice often acts as a law, clarifying some of the procedural perspectives of the law. A number of notices are issued to explain situations articulated by regulations and the confusion they create.
Notification is described as the notice which is coney to the public so that they know about the basic laws which are being applied and their effect on their lives.
Is a notification a law?
Following this competent judgment of the Supreme Court, a question of whether the notice was issued by the government or anybody in the exercise of statutory rights that can be notified of judicial review, permissible There is no argument, and it should be understood that such notice is part of the law.
What is a legal notice?
According to section 2(80), of CGST Act, 2017, a ‘notification’ means the notification published in the Official Gazette, and the expressions ‘notify’ and ‘noticed’ shall be construed accordingly. Any notification has to be notified by the way of publications and once it is done, it is known to be notified.
The government usually issues notices for the exercise of legislative power.
There are some judicial pronouncements that would make a better understanding and interpretation of the term notification. The judicial pronouncements are given below:
- In Bachchan Lal v. State, 1951 (5) TMI 13 ALLAHABAD HIGH COURT, it was held that the word ‘notification’ orders, rules, and bye-law have no reference to judicial orders the passing and cancelation whereof is subject to and regulated by the procedural law of the land. The words ‘orders’ refers to non-judicial orders.
- In Nand Prasad v. Arjun Prasad, 1958 (5) TMI 34 PATNA HIGH COURT, it was conducted that the ‘person’ as in its usual sense generally considers a natural not artificial unless there is an allocation made for it either expressly or by obligatory implications.
The key difference between circular and notification:
The differences between both of them are given below:
The circular is an internal or inner memorandum of understanding that clarifies a certain perspective of the law, while notification refers to a notice for the public that that lets the people know about laws.
The aim of the circular is to implement the law or clarify certain aspects or points, mistakes. And the aim of notification is to notify people about a few points of law that may affect the people who are enacted with it.
A Circular is for designated members of parliament or council. But the notification is deliberated for the general public or the members that will labor by the circular.
Circular issued by the government either (central or state). Notification is issued by the chief executive or CEO of the regime both by Superior Revenue Authority (CBDT)
Purpose in office:
Circular can be add or information about meetings or conferences. Notification is used to informing the employees about changes made by the management.
In circulars, a leaflet that is printed on low-cost or cheap paper is intended for distribution in a wide way. In notifications an ad that is implied in a public place for people to see that pass by it.
Both the circular and the notice are explanatory in nature.
While this circular is intended for agency officials, this notice is more like the law and is mandatory for all interested parties.
In this article, we discuss circulars and notifications which are issued by the high authorities to allow the public to know about laws. But they both are used for different laws, and also, we discuss their differences. I hope you can easily understand this article and your all doubts are clear.